| 1. |
THE FINDALIFT SERVICES |
| 1.1 |
SCOPE OF SERVICES |
| 1.1.1 |
FINDALIFT offers you the FINDALIFT Services solely as defined in and subject to the limitations and restrictions of the applicable service description, as set out above and further amplified below. |
| 1.1.2 |
FINDALIFT Services providing registered users with a secure platform to upload journey details for automated matching and notification, posting of new journey plans, editing existing journey plans and replying to existing journey plans. Notification of potential matches is listed in order of relevance, without disclosing any personal information of registered users. On receipt of notification of potential matches, registered users can at their discretion, and using the secure communication system, exchange personal information to implement a ride share system between them. Registered users are solely responsible for all arrangements regarding any ride share system implemented by them pursuant to potential match notification. |
| 1.1.3 |
FINDALIFT merely provides the communication platform for registered users to create their own ride share based on their specific requirements. As a result of the afore going FINDALIFT cannot guarantee the successful travel arrangements, comfort or safety of registered users or be held liable for any claims arising in this regard. FINDALIFT is not a registered public transporter, does not manage a rideshare system for its own account or on behalf of its clients or registered users, nor does it guarantee the roadworthiness of registered users' vehicles or the driving skills of registered users. |
| 1.1.4 |
It is the sole responsibility of registered users to inform their insurance company should they participate in any rideshare arrangement and also to ensure that they comply with any statutory and insurance requirements regarding rideshares. |
| 1.1.5 |
The FINDALIFT Services offered are aimed at encouraging sustainable transport, promoting higher vehicle occupancy and thereby reducing travel costs, parking issues, CO2 emissions and carbon footprint and also providing transportation access to registered users. |
| 1.2 |
FEES |
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FINDALIFT does not charge you any fees for the FINDALIFT Services. Please be aware that you will be liable for the data charges of your internet service provider, if applicable. You need an appropriate functioning internet/intra-net access to use the FINDALIFT Services and that providing this is solely your responsibility. |
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You acknowledge that: |
| 1.3.1 |
FINDALIFT is not a registered public transport provider and does not manage a rideshare system for its own account or on behalf of its clients or registered users |
| 1.3.2 |
FINDALIFT Services may not be used by you to post or transmit any unlawful , harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including but not limited to, any material which encourages conduct which would harm FINDALIFT business interests, constitute a criminal offence, exploit minors, violate rights of others, or otherwise contravene any applicable legislation. FINDALIFT reserves the right to without notice, remove any registered user who contravenes these provisions. |
| 1.3.3 |
the Service may from time to time not be available due to routine maintenance of circumstances out of the control of FINDALIFT; |
| 1.3.4 |
FINDALIFT does not monitor and review communications between registered users and cannot be held liable for the content of such communications, nor does such communications reflect the views and/or opinions of FINDALIFT; and |
| 1.4.4 |
whilst FINDALIFT will use its best endeavours to ensure a high level of Services, it does not guarantee any specific level of quality. |
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| 2. |
YOUR ACCOUNT |
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In order to participate in the FINDALIFT Services, you must create a FINDALIFT Services account (“Account”), which Account is the basis of the automated journey matching and notification service. |
| 2.1 |
ELIGIBILITY |
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By using the Services, you represent and warrant that: |
| 2.1.1 |
all registration information you submit is truthful and accurate; |
| 2.1.2 |
you will maintain the accuracy of such information; and |
| 2.1.3 |
your use of the Services does not violate any applicable law or regulation or the terms of this Agreement. |
| 2.2 |
PASSWORD |
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When you sign up to become a registered user of the FINDALIFT Services (“User”), you will also be asked to choose a username and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password, and in any case you are solely responsible for any and all use of your Account. |
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| 2.3 |
TERM |
| 2.3.1 |
This Agreement shall remain in full force and effect until you delete your user profile from the FINDALIFT Services. |
| 2.3.2 |
FINDALIFT may terminate your Account: |
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2.3.2.1 if you are in breach of this Agreement; |
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2.3.2.2 if FINDALIFT decides in it sole discretion to stop providing the applicable Services; or |
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2.3.2.3 without notice if it suspects fraudulent, inappropriate or abuse of the Services by you. |
| 2.3.3 |
You understand that any termination of this Agreement and your Account may involve deletion of your Account information from FINDALIFT live databases and all the information stored for such Account. |
| 2.3.4 |
FINDALIFT will not have any liability whatsoever to you for any termination of your Account or related deletion of you information. FINDALIFT may modify, suspend or discontinue the Services at any time, for any reason, at its sole discretion. |
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| 3 |
PROPRIETARY RIGHTS |
| 3.1 |
FINDALIFT MATERIALS; LICENSE; OWNERSHIP AND RESTRICTIONS. |
| 3.1.1 |
FINDALIFT grants you the limited right to the information and content provided on or through the Services (the "FINDALIFT Materials") only on your personal computing and telecommunication device, provided that the FINDALIFT Materials remain unmodified, and is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). |
| 3.1.2 |
This limited right terminates automatically, without notice to you, if you breach this Agreement or upon termination or expiration of your Account and/or this Agreement. |
| 3.1.3 |
Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You acknowledge that all the intellectual property rights in the Services and FINDALIFT Materials are owned by FINDALIFT.
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| 3.1.4 |
Except as expressly set forth herein, you agree not to:
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3.1.4.1 reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or FINDALIFT Materials; or |
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3.1.4.2 rent, lease, loan, or sell access to the Services. |
| 3.1.5 |
You acknowledge that, except as expressly provided herein, you have no right, title or interest in or to the Service and FINDALIFT Materials. |
| 3.2 |
FEEDBACK |
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FINDALIFT may periodically request that you provide, and you agree to provide to FINDALIFT, feedback regarding the use, operation and functionality of the Services (“Feedback”). Such Feedback will include, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems and user-desired features. You hereby assign to FINDALIFT all rights in the Feedback and agree that FINDALIFT will have the right to use the Feedback and related information in any manner it deems appropriate.
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| 4. |
ACCEPTABLE USE
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You are solely responsible for any use of the Services through your Account and for your interactions with any of the calls you make by using the FINDALIFT Services.
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| 4.1 |
BREACH
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Any use of the Services in violation of this Agreement may in the sole discretion of FINDALIFT result in, among other things, immediate termination or suspension of your rights to use the Services as well as forfeiture of any rebates due to you. |
| 4.2 |
DISCLOSURE OF PERSONAL INFORMATION |
| 4.2.1 |
We will not disclose your information to a person who is not in the employee of FINDALIFT without your permission, unless we are compelled by law or in terms of a court order to do so, or it is in the public interest to do so, or it is necessary to protect our rights and ensure the integrity and operation of our business and systems. The information we access and disclose; if required or deemed necessary and appropriate, includes without limitation, Account information (i.e. name, e-mail address, etc.) and usage history.
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| 4.2.2 |
FINDALIFT will on its own initiative, or at your request, rectify or erase any in-complete, inaccurate or outdated personal information retained by us. You expressly agree that FINDALIFT may use your information and information regarding your use of the Services to create and further refine User profiles to further enhance the performance of the Services. You furthermore agree that FINDALIFT may create aggregate information from your use of the Services by removing personally identifiable information, such as names, and to use and disclose such aggregate information in its discretion.
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| 4.2.3 |
FINDALIFT shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
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| 4.2.4 |
FINDALIFT may electronically collect, store and use the following personal information of you: |
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4.2.4.1 name and surname; |
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4.2.4.2 birth date;
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4.2.4.3 gender;
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4.2.4.4 suburb name,
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4.2.4.5 contact details, including email address and mobile numbers; |
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4.2.4.6 ethnicity and language; |
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4.2.4.7 occupation; |
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4.2.4.8 journey details; |
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4.2.4.9 journey requirements. |
| 4.2.5 |
FINDALIFT collects stores and uses the above-mentioned information for the following purposes: |
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4.2.5.1 to greet you when you contact us; |
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4.2.5.2 to compile non-personal statistical information about registered users; |
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4.2.5.3 subject to your consent, inform you about competitions and special offers from FINDALIFT and/or its partners/affiliates |
| 4.2.6 |
FINDALIFT owns and retains all rights to non-personal statistical information collected and compiled by it. |
| 4.2.7 |
When you create an Account or send e-mails to FINDALIFT , you consent to receiving communications from FINDALIFT electronically and agree that all agreements, notices, disclosures and other communications sent by FINDALIFT satisfies any legal requirements, including but not limited, to the requirement that such communication should be “in writing”. |
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| 5. |
THIRD-PARTY COMMUNICATIONS AND ADVERTISEMENTS |
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The Services may contain links to third-party websites and call centres (“Third-Party Communications”) placed by us or an Advertiser as a service to those interested in this information. The Services will also provide you with Advertisements of the Advertisers. You use all such links to Third-Party Communications and any products and/or services promoted by the Advertisements at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites or Advertisements. To the extent that links are provided by us, they are provided only as a convenience, and such link does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Communications, links thereto, the Advertisements, or the products and services promoted in the Advertisements. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party. |
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| 6 |
DISCLAIMERS
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| 6.1 |
The Services are solely provided as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Without limiting the foregoing, we make no warranty that the services will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis or meet any quality specification.
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| 6.2 |
Neither FINDALIFT nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to this website or the Services or content provided from and through this website or the Services. Furthermore FINDALIFT makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website or the Services are free from errors or omissions. You are encouraged to report any possible malfunctions and errors to FINDALIFT. |
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| 7. |
LIMITATION ON LIABILITY |
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In no event shall we be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from your use of the Services. |
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| 8. |
GENERAL |
| 8.1 |
This Agreement may be modified by us at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the website that the terms have been updated). The changes will also appear in this agreement which you can access at any time by logging onto the website, www.FINDALIFT.co.za. You agree that your continued use after such an amendment shall constitute your acceptance of the amended Agreement and will you be held bound thereto. |
| 8.2 |
This document constitutes the whole of the agreement (to the exclusion of all else) between the Parties relating to the subject matter hereof. |
| 8.3 |
No amendment, alteration, addition, variation or consensual cancellation of this document will be valid unless reduced to writing and signed by both Parties. For the purposes of this agreement the term “in writing” will include email exchanges between parties, subject to successful delivery report. Likewise the term “signed” will include an email by the receiving party accepting the terms of the content transmitted by the sending party. |
| 8.4 |
No waiver of any of the terms or conditions of this Agreement will be binding for any purpose unless expressed in writing and signed by the Party giving the same and any such waiver will be effective only in the specific instance and for the purpose given. |
| 8.5 |
No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. |
| 8.6 |
In the event that any of the provisions of this Agreement are found to be invalid, unlawful or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable. |
| 8.7 |
This agreement shall not be ceded or assigned nor the rights in terms hereof pledged or made over to any other party. |
| 8.8 |
You hereby indemnify and waive all claims against FINDALIFT and its employees and agents from any and all claims, damages, cost and expenses (including attorney-own client costs) of every kind and nature, arising out of or in any way connected with any interaction or communication with any person or entity through your use of the Services and the products and services promoted in the Advertisements. |
| 8.9 |
This agreement will be governed by the laws of the Republic of South Africa. You consent to the jurisdiction of the South African courts for any dispute that may arise out of this agreement. |
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| 9. |
PROMOTIONS AND COMPETITIONS |
| 9.1 |
By subscribing to the FINDALIFT services you acknowledge that FINDALIFT may from time to time run promotions and competitions to reward registered users, build brand loyalty and grow brand awareness. As a registered user you will automatically be entered into such competition or receive the benefits of such promotions. These competitions and promotions will be subject to the specific terms and conditions pertaining thereto.
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